St. Vrain Valley School District RE-1J v. A.R.L. ex rel. Loveland
2014 CO 33
| Colo. | 2014Background
- A.R.L., a public elementary school student, fell from a zip line on her school's playground in 2008 and fractured her wrist.
- The Lovelands sued the school district and principal; the District moved to dismiss under the Colorado Governmental Immunity Act (CGIA).
- Plaintiffs argued the injury arose from a "dangerous condition of any ... public facility located in any park or recreation area" under the CGIA recreation-area waiver, § 24-10-106(1)(e).
- The trial court dismissed, ruling playground equipment is not a "public facility." The court of appeals reversed, finding the zip line a "public facility" in a recreation area.
- The Colorado Supreme Court granted certiorari and held that the collection of playground equipment (the playground as a whole) qualifies as a "public facility" and that it was "located in" a recreation area; the case is remanded for factual findings on the remaining waiver elements (e.g., dangerous condition, maintenance).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an individual zip line is a "public facility" under § 24-10-106(1)(e) | The zip line itself is a public facility and therefore falls within the waiver | An individual piece of equipment is not a "facility"; waiver should not apply to single items | An individual piece alone is not a "facility"; the playground as a whole (collection of equipment) can be a "public facility" |
| Whether the playground is "public" | Playground serves school children and is accessible to the public; thus it is public | Playground is primarily for school use and not necessarily a public recreation facility | A facility is "public" if accessible and maintained by a public entity to serve a beneficial public purpose; the school playground met this test on the record presented |
| Whether the facility was "located in" a "recreation area" | The playground is a recreation area and the playground equipment is located within it | The school grounds are educational premises, not a recreation area maintained as such by the District | Applying the Damiel three-step test, the court found the contiguous land underlying the playground is the putative recreation area, its primary purpose is recreational, and the facility was located within it |
| Scope of further proceedings/remedy | Plaintiffs sought to proceed on merits after waiver found applicable | District argued factual elements (dangerous condition, maintenance) were unresolved and dismissal proper | Court remanded for further fact-finding on whether a dangerous condition and other waiver elements are satisfied; immunity question not finally decided |
Key Cases Cited
- Damiel v. City of Colorado Springs, 327 P.3d 891 (Colo. 2014) (three-step test for whether a facility is "located in" a recreation area)
- City & County of Denver v. Gallegos, 916 P.2d 509 (Colo. 1996) (defining when a facility is "public": accessible and operated for public benefit)
- Springer v. City & County of Denver, 13 P.3d 794 (Colo. 2000) (rule to broadly construe CGIA waivers and narrowly construe immunity)
- State v. Nieto, 993 P.2d 493 (Colo. 2000) (statutory construction principles; legislative intent controls)
- Padilla v. School Dist. No. 1, 25 P.3d 1176 (Colo. 2001) (procedural rules on resolving CGIA jurisdictional factual disputes)